[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR209.30]

[Page 165-166]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 209--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL 
ACT OF 1972--Table of Contents
 
Subpart A--Rules of Practice Governing Hearings for Orders Issued Under 
                 Section 11(d) of the Noise Control Act
 
Sec. 209.30  Decision of the administrative law judge.

    (a) The administrative law judge shall issue and file with the 
hearing clerk his or her decision as soon as practicable after the 
period for filing proposed findings as provided for in Sec. 209.29 has 
expired.
    (b) The administrative law judge's decision shall become the 
decision of the Environmental Appeals Board (1) when no notice of 
intention to appeal as described in Sec. 209.31 is filed, 30 days after 
its issuance, unless in the interim the Environmental Appeals Board 
shall have taken action to review or stay the effective date of the 
decision; or (2) when a notice of intention to appeal is filed but the 
appeal is not perfected as required by Sec. 209.31, 5 days after the 
period allowed for perfection of an appeal has expired unless within 
that 5 day period, the Environmental Appeals Board

[[Page 166]]

has taken action to review or stay the effective date of the decision.
    (c) The administrative law judge's decision shall include a 
statement of findings and conclusions, as well as the reasons or basis 
therefore, upon all the material issues of fact or law presented on the 
record and an appropriate rule or order. The decision shall be supported 
by a preponderance of the evidence and based upon a consideration of the 
whole record.
    (d) At any time prior to issuing his or her decision, the 
administrative law judge may reopen the proceeding for the reception of 
further evidence.

[43 FR 34132, Aug. 3, 1978, as amended at 57 FR 5345, Feb. 13, 1992]